E309 



'^l 








4 O 



.0' 



& 









^ 



*=^x. 
















/^^, 






^0< 



.*'% 






°^ 









A 





'> 












t'." ^^'% '. 







LA-V 



7t /tw ^^^V^^-.'^f 




-ts — THE- 

ORDINANCE 



-OF- 



JULY 13, 1787 

for the government op 

The Territory Northwest of the River Ohio, 
a paper read before the 

Ohio State Histoi|ical Af(D Arch^logigal Sogiety, 

FEBRUARY 23d, 1887, 



/^ 



HON. WM. P. CUTLER. 



yf^-VYl AN APPENDIX CONTAINING VALUABLE HISTORICAL ; 



MARIETTA, OHIO: 
E. R. ALDERMAN & SONS, PRINTERS. 



Jr^ fZyoVl. 



5©a» 



r- 



A 



The Ordinance of July 13m 1787. 



The intrinsic merits of that organic law which was enacted by 
the old Continental Congress on the 13th of July, 1787, "for the 
Government of the Territory North-west of the river Ohio," 
have been so fully discussed and are so well understood that any 
attempt in that direction would be little more than a repetition of 
views already familiar to an intelligent audience. Its merits can 
now be measured by its fruits. Results are its monument and its 
highest eulogy. 

It is not surprising that as a century is rounded up, the thought- 
ful inquirer should look- back and endeavor to trace the beginnings 
and look up the extrinsic circumstances as well as personalities 
that were connected with such an enactment. 

So far as organic law is concerned we are sitting under " vines 
and fig trees," are "eating of the oliveyards and vineyards that 
we planted not." Who were the planters? Why was the plant- 
ing done? 

In pursuing this inquiry we are met with the difficultv arisino- 
from a lack of authentic historic material. One hundred years 
ago the proceedings of legislative bodies were not kept with that 
plethora of discussion, and detail of motions, references and 
reports that distinguish modern Congressional Records. The 
wasting processes of a century have destroyed valuable family 
papers, and memories of early actors and listeners have faded out, 
so that fragments of fact., incident and history must be gathered 
up and carefully applied. Still the gleaner must be content with 
a gleaner's share of the harvest. 

The passage of the Ordinance at the time has one peculiar 
characteristic that is worthy of notice. That is the leading fact 
that it stands out in history as an isolated effort on the part of its 



authors to forecast a complete system of government and project 
it over a vast territory in advance of its actual occupation by fu- 
ture inhabitants. When the Mayflower passengers neared their 
expected haven of rest, they solemnly agreed to observe certain 
fundamental principles of a future government; but those princi- 
ples were not firmly and enduringly fixed upon Massachusett's 
soil until the Constitution of 1780. It required 160 years to reach 
that advanced stage of free institutions which was foreshadowed 
by the Mayflower declaration. But the Ordinance of '87 was 
thrown forward into a wilderness, carrying with it not only or- 
ganic principles, but embracing the details of a governmental 
autonomy that has stood the test of a centuiy. This peculiarity 
is worthy of notice, because the very fact that such an organic 
law was forecast, pre-arranged, and pre-ordained by competent 
authority, prior to territorial occupation assists us in the inquiry as 
to its origin, and helps to explain the fact that it was largely the 
work of Pioneer settlers seeking homes under its protection, 
rather than of wise Statesmen who had no such motive to guide 
them. 

There were two methods by which the progress of civilization 
moved westward from the Atlantic base. One was by the indi- 
vidual enterprise of the Pioneer venturing out either alone or with 
a few neighbors and taking possession of the wilderness in ad- 
vance of civil institutions. The other was a thoroughly organized 
system of occupations, with pre-arranged guarantees of protection 
based upon law and order and combining all the essential princi- 
ples upon which our Republic is founded. Now it is necessary to 
keep distinctly in mind that there was a systematic and well or- 
ganized plan for taking possession of the Ohio Valley and the 
Northwest in the interest of an advancing Christian civilization, 
that the men engaged in this effort were not mere land buyers or 
home seekers, but that from its incipiency the Governmental idea 
was part of the plafi. They intended to found a State. This 
original intendment bore fruit in the Ordinance of July 13th, 1787' 

The journals of Congress, although extremely meager in details 
present some facts of great value in tracing out the beginnings of 
a public policy in regard to the Northwest Territory. Even be- 
fore its acquisition under the terms of the treaty of peace in 1783 
the policy of "independent states" had been announced. 



After all claims of particular States had been quieted and it could 
be treated as common property it became a blank sheet upon which 
the ideas and policies then prevailing in the old Thirteen States 
could be indelibly stamped. There was a sufficient divergence 
then as now between the Eastern and Southern States to give rise 
to controversy. In the land system, range, town and section pre- 
vailed against "indiscriminate locations." The transition from ex- 
treme colonial and states rights to a centralized power can be 
traced in connection with this "common property." Social and 
industrial policies came into conflict. The system of forced labor 
which had been universal in the colonies laid claim to this new and 
vast area. Its advocates on every trial of legislative strength had 
triumphed until it was disposed of finally by the ordinance of July 
13, 1787. Subsequent interest in the ordinance itself has been di- 
rected largely to the problem that of the eight States voting for it 
five were slave States and the ordinance contained a positive pro- 
hibition of a system of labor which at that time was zealously 
guarded as the basis of their own prosperity. 

The subject was not a new one in Congress. More than once 
distinct action had been taken, and every slave State had resisted 
any efforts to exclude slavery from new territory. Even a pros- 
pective prohibition had been denied when the Resolutions of April 
23d, 1784, were adopted. Subsequently a direct anti-slavery 
amendment was laid over without action and never called up. As 
late as the 9th of May, 1787, about two months before the passage 
of the present anti slavery ordinance, a committee having a major- 
ity from the free states reported an ordinance for the government 
of the Northwest Territory that was silent on that subject, show- 
ing plainly enough that all effort at prohibition had been abandoned. 

What valid reason then was there that under the leadership of 
Virginia, the Carolinas and Georgia with Delaware should quietly 
give up that which they held safely in their own hands, and which 
had been virtually surrendered to them by their opponents? Why 
did Virginia lead off in discarding her own institutions and cordi- 
ally adopt those which prevailed in Massachusetts? Why were 
New England ideas and policies enduringly stamped upon this 
vast interior — the very heart of the great Republic — at a time 
when New England had but one voice out of eight in deciding 
that result ? 



6 

I ask your indulgence in an effort to answer these interesting 
questions. 

In the beginning of the Revohitionai-y struggle Massachusetts 
was entitled to leadership in the army. She yielded it to Virginia. 
When Washington came to the Jront as Commander-in-Chief, 
\\\2i\, f7'07it was in Massachusetts. He was there brought into 
close personal contact with her citizens and her soldiers. His fii'st 
success was the evacuation of Boston by the enemy, as a result of 
the prompt, energetic, and decisive support rendered to his plans 
by a citizen soldiery. His army was destitute of ammunition and 
supplies. That want was supplied by the bold privateering of 
Whipple, Manly, Tucker, and other yankee seamen. His disasters 
on Long Island were offset by the skill and daring that saved his 
army in a retreat requiring water passages which \vere conducted 
by the sea-faring men of New England. When driven from the 
"Jerseys " and forced across the Delaware, he decided upon that 
bold effort to inspire confidence by an attack upon his enemies in 
mid-winter.^, it was Glover's Brigade of Marblehead Fishermen 
that guided his craft through the floating ice of the Delaware on 
that Christmas night, 1776. That was a service which "land 
lubbei-s " could not have performed. In all these trying and diffi- 
cult scenes he was supported by New England officers and men. 
Strong attachments were formed. Personal associations resulted 
in life^long friendships. He could say with utmost sincerity — 
"God bless the New England Troops." 

But what has all this to do with the first settlement of Ohio, or 
with the Ordinance of '87 ? 

I make the following extract from a dingy, yellow piece of 
manuscript which I find among " old papers," written by an early 
pioneer to Ohio. The writer says: 

'' Anterior to this period — the Tlevolutionary war — it is probable the great 
" body of the American and English people knew about as much about the 
" interior of Asia or Africa, as of this western region. With the exception of 
" General Washington and some other individuals, who, by being engaged in 
" the war, commonly called the French war, were entitled to locate lands on 
" the Ohio, it seems few or none others had the means of obtaining knowledge. 
" We are told that during the Revolutionary struggle the British established 
" a printing press in New York, entitled ' The Kivington Royal Gazette.' At 
" a very dark and gloomy period of that momentous struggle there was a 
" very large number of papers scattered by design, that gave an account of a 



" treaty of subsidy made with the Empress of Russia— the ambitious Catha- 
" rine — which provided that a large number of Russian troops should be 
" furnished the British for their American contest ; that the troops were ex- 
" pected early next season. These papers with this information fell into the 
" hands of the officers of the American army, and of course became a matter 
" of deep solicitude. 

" At General Washington's table it became a matter of discussion : ' If this 
" be true, and we are driven from the Atlantic seaboard, what then is to be 
" done ? ' ' We will retire to the Valley of the Ohio,' says Washington, ' and 
" there we will be free.' This saying was carried from the officers to the 
" soldiers, by them to wives, children, and friends, and thus a spirit of en- 
" quiry respecting Ohio was elicited." 

This fragment of history is taken from the hps of the men who 
sat at Washington's table and were members of his military 
family — those old veterans of three wars — the evening of whose 
days were spent on the banks of the Ohio and Muskingum, and 
who indulged in a veteran's right of " fighting his battles over 
again." 

This traditional reminiscence finds ample support in statements 
made by Ramsey in his History of the American Revolution, pub- 
lished in 1789. After the loss of Fort Washington and the evac- 
uation of New York city, the American forces were driven in 
hasty retreat across New Jersey and only escaped capture by cross- 
ing to the west side of the Delaware river. The period of enlist- 
ment of the army had expired. Whole regiments returned home 
ward. With 2000 or 3000 men of a retreating, half-naked army 
vs^hose unshod feet had marked the frozen soil of Jersey with 
patriotic blood, the Commander-in-Chief was compelled to look 
this question of retreat fairly in the face. The historian says: 
" Gen'l Washington about this time retreated to Newark. Having 
abundant reasons from the posture of affairs to count on the neces- 
sity of a further retreat he asked Col. Reed: ' Should we retreat 
to the back part of Pennsjdvania will the Pennsylvanians support 
us?' The Colonel replied: 'If the lower counties are subdued and 
give up, the back counties will do the same.' The General replied: 
' We must retire to Augusta county, Virginia. Numbers will be 
obliged to repair to us for safety and we must try what we can 
do in carrying on a predatory war, and if overpowered we must 
cross the Allegheny Mountains.' " 

From the same historian we have also another fragment of 



history giving further evidence of the estimation then placed upon 
the Ohio Valley as a strategic base in the grand struggle for free- 
dom and independence. As soon as the British Cabinet became 
aware that France was determined to aid the United States they 
dispatched messengers to this country with overtures of peace, 
making fair promises and hoping at least to divide the councils and 
weaken the supports of the cause. These overtui-es were met 
by Congress with a positive demand for an acknowledgment of 
independence or an evacuation of the country as preliminary steps 
to negotiation. 

The following is an extract from a letter dated June 14, 1778, 
written as part of a private correspondence by Henry Laurens 
who was then President of the old Continental Congress. He says 
to the King's Commissioners: " You are undoubtedly acquainted 
" with the only terms upon which Congress can treat for ac- 
" complishing this good end. Although writing in a private char- 
" acter, I may venture to assert with great assurance, they never 
*•' will recede, even admitting the continuance of hostile attempts 
" and that from the rage of war the good people of these States 
"shall be driven to commence a treaty westiuard of yonder moun- 
<■<■ tainP 

But why should Washington point out that distant region as a 
base to fall back upon in case of defeat? The ans'wer is found in 
the fact that he had been there. He knew something of its fertil- 
ity and boundless resources. As early as 1770 he had acquired 
titles to over 30,000 acres of its choicest lands. In 1773 he issued 
proposals for colonizing those lands, offering liberal terms on the 
old English plan of paying quit rents in lieu of purchase. In a 
word Washington was a pioneer of the pi07ieers to the Ohio Val- 
ley. The marks of his "little hatchet" can be still traced upon the 
first land lines ever run in the valley or west of the Allegheny 
Mountains. His knowledge of the country thus obtained would 
be readily accepted by all who were engaged in the war, whether 
in the army or in Congress. 

It is quite evident therefore that Washington knew and his offi- 
cers knew what he was talking about when he said to Col. Reed: 
" If we are overpowered^ %ue must cross the Allegheny Mountains?'' 
It is also evident that Henry Laurens understood the situation 
when he boldly told the British Ministry : '•'•Let the war rage on^ 



9 

sooner than accept your insidious offers of a humiliating peace our 
people will commence treaty -inakhig westward of yonder mount- 
ains.'''' While Lord Howe was in possession of Philadelphia he 
sent out the threat to Washington that he would " drive him be- 
yond the mountains?'' 

Now let us pass from this primitive scene — this real starting 
point of inquiry as respects that systematic occupation of the 
Northwest which was the occasion of its organic law — to another 
period of that intimate intercourse that had gi'own up between the 
Commander-in-Chief and his veteran officers. The great conflict 
is over, the pledge of life., fortune and sacred honor had been re- 
deemed. Peace with the great enemy was assured. But other 
perils surrounded them. The day for disbanding the army ap- 
proached. But there were no "greenbacks," no "silver dollars," 
no "gold coins" with which to meet final payments. Washington 
applied to Congress. The officers petitioned that body for relief, 
but its authority did not protect it from insult, and it was a fugi- 
tive from the menaces of a squad of unpaid and clamorous troops. 
The only remedy for the army was to accept certificates of settle- 
ment — warrants upon a bankrupt treasury. They called them 
'■'■ final certifcates^^'' and. ih.Qy were fnal io many of the holders, 
as want and hunger forced them on to the market at "one in six," 
as they called it, or one-sixth of par value. These old certificates 
must be kept in mind, for while they were '■'■fnals "of ay years' 
hard service, we shall see that they were the beginning of an- 
other and not less important enterprise. 

Col. Pickering, their Quartermaster General, thus describes the 
condition of the Army while at Newburg and New Windsor, 
waiting for orders to return, penniless to their desolate homes. 
He says : " To hear the complaints of the officers and see the 
" miserable condition of the soldiery is really affecting. It deeply 
" penetrates my inmost soul to see men destitute of clothing, who 
" have risked their lives like brave fellows, having large arrears of 
" pay due them and prodigiously pinched for provisions. It is a 
" melancholy scene." Again he says: " Those brave and deserv- 
" ing soldiers, many of whom have for six. years exposed their 
" lives to save their country, who are ur/.appy enough to have 
" fallen sick, have for a month past bep^ destitute of every com- 
" fort of life. The only diet provided for them has been beef 



10 

" and bread — the latter generally sourP Such was the testimony 
" of their Quartermaster, who was most familiar with their con- 
" dition." In their petition to Congress the officers say : "Our 
" distresses are now brought to a point — we have borne all that 
" man can bear. Our property is expended, our private resources 
" are at an end, and our friends are wearied out and digusted with 
" our incessant applications. We therefore most seriously and 
" earnestly beg that a supply of money may be forwarded to the 
" army as soon as possible." (Jour, of Con., Vol. IV, p. 267. 

To such a state of exasperation were those men brought that 
one of their number addressed his brother officers in the follow- 
ing terms: " If this then be your treatment while the swords you 
wear are necessary for the defence of America, what have you to 
expect from peace when your voice shall cease and strength dissi- 
pate by division? When those swords, the instruments and com- 
panions of your gloiy shall be taken from your sides, and no re- 
maining inark of military distinction left you but your wants, in- 
firmities and scars? Can 3^ou then consent to be the only sufferers 
by this revolution, and returning from the field grow old in pov- 
erty, wretchedness and contempt? Can you consent to wade 
through the vile mire of dependency and owe the miserable rem- 
nant of that life to charity, which has hitherto been spent in 
honor? If you can — go, and carry with you the jest of Tories, 
the scorn of w^higs, the ridicule, and what is worse, the pity of 
the world — go, starve and be forgotten." 

Nothing short of a most desperate condition of affairs could have 
extorted such language from one officer to his fellow officers all of 
whom had served faithfully through the war. I have recalled 
these rugged and unwelcome historical items reluctantly and only 
because they are necessary in explaining subsequent movements. 

But this dark cloud in our country's history had a "silver lining." 
A bright ray of sunshine broke through the prevailing gloom. 
Col. Timothy Pickering, the Quarter-Master General, at this 
critical period, writing to a friend under date of Api'il 7th, 1783, 
says: " But a new plan is in contemplation —no less than the 
" forming of a new State westward of the Ohio. Some of the 
" principal officers are heartily engaged in it. About a week since 
" this matter was set on foot and a plan is digesting for the pur- 
" pose. Enclosed is a rough draft of some propositions respecting 



11 

" it which are generally approved of. They are in the hands of 
" General Huntington and General Putnam for consideration, 
" amendment and addition." Again April 14th he writes: "General 
" Putnam is warmly engaged in the new planned settlement over 
" the Ohio. He is very desirous of getting Hutchins' map. Mr. 
" Aitken had them to sell. If possible pray forward me one." A 
petition was drawn up addressed to "His Excellency the President 
and Honorable Delegates of the United States of America in 
Congress assembled." The petition was sigiied by 2S8 officers of 
the army asking that a "tract of land bounded North on Lake 
" Erie, East on Pennsylvania, South and Southeast on the Ohio 
" River, West on a line beginning on that part of the Ohio w^hich 
" lies 24 miles West of the Scioto river, then running North on a 
" meridian line till it intersects the River Miami which falls into 
" Lake Erie, thence down the middle of that river to the lake, 
" might be formed into a distinct government or colony of the 
« United States." 

They ask that their bounly lands may be assigned to them in 
this district, and that " provision may be made for a further grant 
of land to such of the army as wish to become adventurers in the 
new government, in such quantities and on such conditions of 
settlement and purchases for public securities as Congress shall 
judge best for the interest of the intended government and ren- 
dering it of lasting consequence to the American empire.'''' 

This petition was placed in General Putnam's hands who ad- 
dressed a letter to General Washington asking him to present it to 
Congress. Washington presented to Congress, urging it upon 
their attention, and subsequently " exerted every power he was 
master of" to secure a compliance with the wishes of his associates 
in the army. 

Colonel Pickering drew up a plan for organizing the new gov- 
ernment which embraced the following: " The total exclusion of 
slavery from the State to form an essential and irrevocable part of 
the Constitution." This was the first distinct proposition for the 
exclusion of slavery Northwest of the Ohio ever publicly pre- 
sented or discussed and was a part of the original plan ultimately 
matured in '87 — 5 years later. It must be borne in mind that 
these men were not dealing solely with land purchases or their 
bounties. They were intent upon a " new state westward of the 



12 

Ohio." They tried their hands at Constitution making from the 
start. Putnam's "letter" outlined a valuable governmental policy 
in the West. Pickering's " plan " embodied organic principles. 

We thus find that the same class of men who ate at Washing- 
ton's table when the ugly question of surrender or retreat was 
discussed are again taking counsel together over this " Ohio 
scheme." Then the Ohio was a base for retreat — now for an 
advance. By the failure of Congress to act upon the petition the 
scheme was delayed but not defeated. The urgent necessities of 
the principal movers compelled them to disperse as soon as the 
army was disbanded and seek employment. Putnam took a con- 
tract to survey ten townships for Massachusetts in her province of 
Maine. General Tupper another of the signers of the petition, 
accepted a vacancy made by Putnam's retirement from the United 
States Surveyors appointed to run out the 7 Ranges. But in 17S6 
they met again. Putnam could say from personal observation of 
Maine — " That country in general is not fit for cultivation, and 
when this idea is connected with the climate a man ought to con- 
sider himself curst even in this world who is doomed to inhabit 
there as a cultivator of the lands only." 

Tupper, returning from a visit to the Ohio in 1785, could say — 
" The lands in that quarter are of a much better quality than any 
other known to the New England people; that the climate, sea- 
sons, products, &c., are in fact equal to the most flattering accounts 
that have been published of them." 

With this addition to their stock of knowledge as to locations, 
they issued on the loth day of January, 17S6, a paper headed 
" Information^'' calling a meeting of those who wished to take an 
interest in the " Ohio scheme " of settlement. This resulted in 
the organization of the " Ohio Company of associates " on the 3d 
day of March following. 

This company, composed almost entirely of the oflficers of the 
army, decided to make a purchase of as much land in that part of 
the western country that had been indicated in the officers' petition 
of '83 as could be paid for with $1,000,000, expecting to use 
bounty warrants and public securities in payment. This meant 
the conversion of those old "Final Certificates" into future homes 
"westward of the Ohio." It also meant the foundation of a "new 
state." They appointed Gen. Samuel H. Parsons, one of the as- 



13 

sociates, to apply to Congress for a purchase of lands. He made 
the application but it was not pressed as there was no quorum pres- 
ent at the time of his visit to New York. The views of General 
Parsons as to location differed from those of the Directors, so that 
another agent, Dr. Cutler, was appointed. He reached New 
York on July 5th, '87, found a quorum of Congress present and 
set about his work immediately. From his private journal kept at 
the time we are able to trace the progress of his efforts and place 
a fair estimate upon the influences that surrounded the whole sub- 
ject at that time. The first subject to claim his attention was the 
organic law that was to govern the future inhabitants of the coun- 
try he was commissioned to purchase. 

That subject had been in the hands of Congress for a long 
period prior to this application for purchase of lands. The idea 
of "new states" or "distinct government" was first acted upon in 
Congressional proceedings on October 10, 17S0, although Mary- 
land had called their attention to the subject in May, 1779. Before 
the war the same idea had matured into a grant not fully con- 
summated by the British crown for establishing a colony west of 
the Allegheny mountains. The petition of the officers was prob- 
ably the first subsequent movement in the same direction outside 
of Congress. As the Ohio Company were really consummating the 
object of that petition it became a part of the duty of their agent 
to look after the laws and constitution that were to govern the 
country. 

In all this they would be acting in harmony with the known 
policy of the genei*al government on that subject. 

It must be borne in mind that the whole treatment of "vacant 
territory" at that time was a change from the policy that had gen- 
erally prevailed among the colonies prior to the war. As a general 
thing land had not been regarded as a source of revenue to any of 
the colonies or states. The British crown reserved quit rents and 
fixed six pence per acre as the measure of revenue. The Virginia 
plan fixed two cents per acre and threw open her lands to "indis- 
criminate location." No cash revenue was derived from the lands 
of Kentucky, Tennessee or West Virginia. 

To state the causes that led to the adoption of a different policy 
by Congress and the steps taken to bring that policy into effective 
operation would trespass too much upon the time of this occasion; 



14 

but it is quite obvious that if they expected to treat vacant lands 
as pj'o-perty — as a source of future revenue — it vs^as indispensable 
to organize a government for the protection of that property as 
well as the purchasers. So that w^hen the agent of the Ohio Com- 
pany went to New York it was just as incumbent on him to look 
after the organic law as to make terms of purchase. 

When he got there Ohio was a wilderness without law. Some 
surveys had been made under guard of United States troops, but 
there was no protection to families or property. This view of the 
matter brings up the strong contrast as to the consideration of an 
organic law by statesmen and politicians — however wise and justly 
esteemed in other matters — but who had no expectation of making 
a personal application of governmental principles, as compared 
with a body of intelligent, cultivated, refined men and families 
v/ho expected to "become adventurers," as they termed it; that is 
to leave all, risk all, endure all that lay before them in that far off 
and savage country. Members of Congress did not expect to do 
this. Before this agent of the associates started from home he 
had engaged over loo of his friends and neighbors to go, and he 
expected at that time to go with them. How did he find matters 
at New York? Congress was offering to sell some of the 7 
Ranges, but nothing that could be called a government, suited to 
the wants even of a pioneer population had been extended over 
the country. In one form or other the subject had been before 
them since its first introduction in 17S0. More than twenty differ- 
ent members of Congress had been appointed on the various 
committees that during this long interval had the matter under 
their supervision. This labor had brought forth the resolutions of 
April 33d, 1784, and a reported substitute presented a few days 
before his arrival, probably resulting from General Parson's ap- 
plication for lands. With some valuable principles they were 
mere skeletons; Incomplete outlines as compared with the Ordi- 
nance of July 13th. 

By keeping In mind this Inchoate state of legislation on the 
subject and the urgency of motive that controlled the applicants 
for a land purchase we may estimate the reasons zvhy an organic 
law which has commanded universal admiration was promptlv 
matured and unanimously adopted. 

In dealing with Congress the agent was sent without limitations 



15 

or instructions. In fact his own views coincided fully with his 
associates. 

In presenting- his business before Congress he has left us some 
.records as to the lines of policy upon which he based his applica- 
tion. The following extract from his journal indicates the extent 
and comprehensiveness of his views. He communicated his plan 
to Mr. Osgood, President of the Board of Treasury and we are 
thus furnished with a cotemporaneous estimate of its value. " He 
" (Osgood) highly approved of our plan and told me he thought 
" it the best ever formed in America. He dwelt much on the ad- 
" vantages of system — said system had never before been attempt- 
" ed — that if the matter was pressed with spirit he believed it would 
" prove one of the greatest undertakings fever attempted in Amer- 
" ica. He thought Congress would do an essential service to the 
" United States if they would give us the land rather than our 
" plan should be defeated, and promised to make every exertion 
" in his power in our favor." Such an estimate from such high 
authority could onl}^ have applied to the organic law as well as 
the mere jourchase of land — the two combined making the great- 
est undertaking ever attempted in America. 

Here is an evidence that he understood his mission to be the 
founding of a future Commonwealth. This accorded fully with 
the declared policy of Congress as well as the design of the orig- 
inators of the scheme. The "associates" were nearly all officers 
of the army — men of experience, intelligence and correct princi- 
ples — but they selected their agent from another calling in life. 
True he had served as Chaplain in the army, but his life and labors 
had been identified and spent with that remarkable class of men 
known as the "New England" or Puritan clergy. They were as 
a body rei7iarkable because at that time and previously they ex- 
erted a greater influence in shaping the character and giving di- 
rection to the active energies of a whole people than any other 
class of citizens. They had carefully considered and constantly 
presented to the people the essential principles of human rights, 
of personal liberty, of the necessity of obedience to law, in a word 
all the firm foundations upon which a Republic can stand. As a 
support to these principles they had organized and maintained a 
system of popular education, extending fi-oin the common school 
to institutions of highest culture. Their influence over the people 



16 

resulted from religiotts convictions. That influence flowed from 
Puritan pvilpits and permeated every fiber of social, civil and po- 
litical life. They w^ere the founders and guides of a people's con- 
science. They were not politicians — did not claim to be states- 
men. Yet governmental institutions were moulded by their pre- 
cepts. 

Ramsey, in his " History of the American Revolution," fully 
supports this view^ of the prevailing influence of the clergy at that 
time. He says, (Vol. i, p. 199), "The clergy of New England 
were a numerous, learned, and respectable body, who had a great 
ascendency over the minds of their hearers. They connected 
religion and patriotism, and their sermons and prayers represented 
the cause of America as the cause of HeavenP 

To their influence may be traced those moral and educational 
principles that are a distinguishing feature of the Constitution of 
Massachusetts and other New England Commonwealths. It is 
only a fair inference that one of their number should improve the 
opportunity to insert the same ideas and policies into an organic 
law which was to protect his family and neighbors in their future 
homes. 

The agent left his pulpit temporarily to undertake the important 
service assigned to him. He v^as compelled to deal with govern- 
mental questions — questions too which Congress had failed satis- 
factorily to solve. Land was of no value to him or his associates 
without law. He was seeking homes for intelligent, cultivated 
Christian families. If then he acted at all — if he suggested or 
advised it must be in a line with his life-time convictions. A New 
England clergyman would not forget or discard that which was 
equivalent to his ow^n identity — his principles. As a matter of 
history we find that after his arrival in New York he spent several 
days in constant intercourse with members of Congress before he 
entered fully upon negotiations for the purchase of land — that the 
governmental ordinance was submitted to him — that he suggested 
changes that were adopted. Giving then a pi'oper weight to these 
preliminary considerations, his agency in preparing, and procuring 
the insertion in the Ordinance of July 13th of Freedom, Civil 
Rights, Religion, Morality, and Knowledge, which are its 
distinguishing characteristics can hardly be questioned. It is well 
supported by traditional evidences. It is also supported by the 



17 

fact that in his land purchase subsequently made he secured for 
the benefit of settlers in each township a section of land for both 
schools and religion, and two whole townships for a university ; 
and also by his subsequent personal efforts to promote those im- 
portant objects. 

These principles and policies were just the foundation that himself 
and associates desired upon ^vhich to build their own future homes. 

This much is due to the "truth of history" in throwing light 
upon a subject that has not been well understood. 

It remains to consider some reasons why the views of the agent 
were so fully and unanimously accepted; why Congress gave 
promptly all that was asked for. 

It was incumbent on him to procure for his constituents, " the 
associates," the best terms practicable for safely prosecuting their 
scheme of settlement. 

But decisions rested with the sovereign power in Congress as- 
sembled. 

As we look back over the transaction, the prohibition of slavery 
occupies a prominent place in popular estimation. At that time it 
may be doubted whether it was entitled to that prominence. 

The principal object of the Ohio Company certainly was not to 
abolish slavery northwest of the river Ohio. It was in their way 
and they simply brushed it out of their way. They wanted the best 
principles of civil liberty and social order all supported by morals 
and education, and they secured them. But they had broader views 
even than these. They had taken the dimensions of the Ameri- 
can Empire. They regarded the Northwest as its heart. They 
forecast its immense resources and planned for their future growth 
and full developmfent. A brief notice of the situation as it then ex- 
isted is necessary to give proper weight to the reasons that con- 
trolled Congress in yielding to the Ohio Company substantially all 
they asked for. 

I have traced the connection of Washington with the " Ohio 
scheme " up to the disbanding of the army. In his farewell ad- 
dress he reminds his companions of their prospects in the west in 
the following words : " The extensive and fertile regions of the 
west will yield a most happy competence to those who, fond of 
domestic enjoyment, are seeking for personal independence." 
Sparks, Vol. 8, p.. 483. 



18 

We have also the positive statement of the Directors of the Qhio 
Company entered upon their Records in the following- words: 
" The path to a competence in this wilderness was pointed out to 
us by the Commander-in-Chief of the American Army." There 
can be no doubt therefore that the initial steps of this organized 
system of settlement of the Northwest, embracing fully, States, 
governments, laws and constitutions, had been carefully matured 
as between the New England officers, with whom personal contact 
had been maintained throughout the war, and their Commander-in- 
Chief. But there is further evidence of the identity of interest 
which grew out of those personal associations. 

Washington's personal relations and activities to the Ohio Valle}^ 
had just begun. Immediately on resigning his command of the 
army he undertook a tour of observation through western New 
York, evidently with an eye to its commercial advantages, then a 
six week's trip to the Ohio Valley. On his return to Virginia he 
addressed himself to organizing efficient lines of commercial inter- 
course between Virginia seaports and the Ohio Valley and the 
lake region. He sought from General Butler, then Indian Agent, 
a solution of this problem of water communications between Lake 
Erie and the Ohio River. He accepted the oversight of a char- 
tered company for the improvement of the Potomac. In a long 
letter to Governor Harrison, of Virginia, he discusses with great in- 
telligence the true commercial interests of that State as connected 
with the fertile west and urges action to secure its trade and retain 
its loyalty to the Union by the " cement of interest." 

In a letter to David Humphreys, dated July 25, 1785, he says: 
" My attention is more immediately engaged in a project which I 
think big with great political as well as commercial consequence 
to the States, especially the middle ones. It is by removing the ob- 
stacles and extending inland navigation of our rivers to bring the 
States on the Atlantic in close connection with those forming to 
the westwardhy a short and easy transportation." (Sparks, Vol. 9, 
p. 114.) He thus marks out a National line of policy in regard to 
internal improvements. All this was an object of vigorous pursuit 
and of earnest prosecution by Virginia statesmen at the time of the 
application of the Ohio Company to Congress. In a pamphlet pub- 
lished by Dr. Cutler, after his visit to New York, designed to give 
information about the West, he discusses the same tojDics that 



19 

were engaging Washington's attention. He foretells the use of 
steamboats on western waters; Washington refers to an invention 
of Rumsey's for applying mechanical po^vers to boats. Both dis- 
cuss the question of carrying ^ places or portages between the 
Atlantic rivers and the Ohio and the Lakes. There is abundant 
evidence that the productions and commercial values of the great 
West were at that tifue understood, appreciated and thoroughly 
canvassed by the intelligent managers of the Ohio Company and 
by Virginia statesmen. Evidences of this harmony of views and 
interests can be found in the following sources of information: 
1st, the pamphlet prepared by Dr. Cutler in 1787, and his other 
writings. 2d, a letter addressed by General Putnam to Fisher 
Ames in 1790, discussing the question whether the West w^as 
worth retaining in the Union. 3d, Washington's letter to Gov- 
ernor Harrison, and other letters written by him on that subject 
after his resignation from the army and prior to his election as 
President of the United States. 

In these papers, all worthy of a place among State documents, 
the true situation of the west at that time, the views of all parties, 
their expectations, their plans, the motives that controlled their deci- 
sions are all presented and fully discussed. From this hasty sketch 
it must be evident that when the Agent of the Ohio Company 
appeared before Congress he could look for friendly co-operation 
from one source outside of any connected with his company. 
That source was Virginia and Virginia statesmen. I know of 
no evidence that General Washington exerted any direct influ- 
ence favorable to the plans of his old military comrades, except as 
I have already stated, but he was earnestly, ardently engaged 
in promoting plans that would be greatly enhanced in value by 
the permanent occupation of the Ohio Valley, adjacent to his own 
lands, by an industrious, intelligent and enterprising people. His 
lines of water transit would be of little value without products for 
a commerce. It is but reasonable to claim that Virginia states- 
men were interested in the same way. Accepting then the situa- 
tion as it then stood, we have an explanation of the fact that the 
agent went directly to Virginia and " members from the South- 
ward," and placed his business in their hands. 

The Carolinas and Georgia might well be supposed to say to 
Virginia, " This Northwest is too far removed from our borders 



20 

to make it a matter of essential interest to our States. If you 
can secure protection to an exposed frontier from Indian depreda- 
tions; can invite industry and good neighbors, and can control 
commerce from a vast interior. If the army in this way can re- 
ceive a benefit we will yield our objection to the prohibition of 
slavery, and will accept that which promotes your prosperity with- 
out injuring us." 

When the agent of the associates started on his mission to New 
York for the purpose of purchasing lands in Ohio he took numer- 
ous letters of introduction, and among them, to Carrington, 
Grayson, and Lee, members of Congress from Virginia, from 
their old military comrades — Parsons and Putnam — Directors of 
the Ohio Company. This was like a reunion of old veterans. 

The Virginia Congressmen could sympathize with the wants 
and "vs^ishes of their companions with v\^hom they had served 
through the great struggle. This accounts for the fact that a new 
Committee on the Governmental Ordinance was formed with 
Carrington as chairman, Lee as a member, Grayson being tempor- 
arily President of Congress, and at all times a leader in all that 
pertained to the western covmtry. He thus alludes to these three 
Virginia members, " Grayson, R. H. Lee, and Carrington are 
certainly very warm advocates." " Mr. R. H. Lee assured me he 
was prepared for one hour's speech, and he hoped for success." 

All this looks like a cordial and hearty response to the wishes 
of old comrades in arms, and that Virginia interests were involved 
in the result. If we had Lee's "hours' speech," and the tenor of 
the many conferences held between the agent and " members from 
the Southward," especially the Virginia delegation, the reasons 
would be disclosed why slavej-y quietly stepped down and out and 
gave place to the coming empire of freedom — Religion and 
Knoivledge. 

I have thus endeavored to assign to causes known to exist at the 
time, their proper and legitimate weight in determining questions 
of great importance as connected with the first settlement of the 
Northwest and the formation of its organic law. 

I do not regard the exclusion of slavery as resulting from a sud- 
den fit of philanthropy or as solely due to personal views on that 
subject. With the Associates its positive prohibition was a "sine 



21 

qua non" — so also were the principles of civil and religious liberty 
with the supports of morals, religion and knowledge. The trouble 
with Congress was that while they had a well defined policy of 
establishing "new states" — "distinct governments," they failed in 
providing an organic law suited to the class of men who proposed 
to occupy the territory. This want was supplied by one who had 
received the training of that body of men who had a most intelli- 
gent view of civil, social, and political rights, who were intimate 
with the real wants as well as remedies of the masses and had 
carefully studied the problems of law, order and right, in all their 
applications. While he availed himself of all cotemporaneous in- 
fluences to accomplish his mission, the essential elements that w^ere 
necessary for the foundations of a commonwealth were at his 
command, and he managed to throw^ them forward in ad- 
vance of occupation over a territory designed for Christian 
homes. 

He secured the consent of Virginia and other Southern States 
for a transfer of New England principles, policies and industrial 
customs to a new and virgin soil. It was a happy blending of im- 
portant business interests vs^ith correct governmental principles all 
combining to secure unanimous approval of a grand result. 

By tracing, thus hurriedly and imperfectly, these preliminary 
steps vv^e are brought to that crisis in our Nation's life that is char- 
acterized by Mr. Bancroft in the following language: "Before 
" the Federal Convention (then sitting in Philadelphia) had re- 
" ferred its resolutions to a committee of detail, an interlude in 
" Congress was shaping the character and destiny of the United 
" States of America. Sublime and humane and eventful in the 
" history of mankind as was the result it will not take many words 
" to tell how it was brought about. For a time wisdom and peace 
" dwelt among men and the great Ordinance which could alone 
" give continuance to the Union came in serenity and stillness. 
" Every man that had a share in it seemed to be moved by an in- 
" visible hand to do just what was wanted of him; all that was 
" wrongfully undertaken fell by the wayside — whatever was 
" needed for the happy completion of the mighty work arrived 
" opportunely and just at the right time moved into its place." 
Yes, it came quietly, in "serenity and stillness," for in eight days 



22 

a problem was solved that had occupied the attention of Congress 
for eight preceding years.* 

From this view of the personal influences and extrinsic circum- 
stances that surrounded the beginnings of our Organic Law, we 
may turn for a moment to one of its important characteristics that 
was shaped by those surroundings. 

The articles of the Old Confederation were little more than a 
treaty between thirteen independent States, and were formed to 
meet the exigencies of the contest with the mother country. The 
weak point was the inability of Congress to enforce taxation as a 
basis of -public credit^ This weakness very early drove them to 
the vast real estate contained within the bounds of the Territory 
Northwest of the river Ohio, as a basis for a credit resting upon 
common property that could be used for common benefit. In very 
many different resolves and reports " vacant territory " or the 
" back country " is referred to in this light. The numerous ap- 
peals made to the States to surrender all claims, so that the title 
might rest absolutely in the United States rested upon this ground. 
As early as September 5th, 1782, a proposition was submitted to 
regard these lands as a means of paying the " debts of these 
States." Mr. Witherspoon moved an amendment so as to use the 
words " National debt " inHead of the " debts of these States." 
With the claim of common proprietorship grew up the theory of 
unity of control, or a complete sovereignty, vested in the United 
States in Congress assembled over the territory, both as property 
to be disposed of for common benefit, und as territory to be gov- 
erned by a supreme power. Witherspoon threw, as it were, a 
mustard seed of nationality into the virgin soil of our institutions. 

On the 24th of April, 1783, Madison, Ellsworth, and Hamilton, 
in a report, refer to the " national debt," and state their reliance 
for its extinguishment to be " vacant territory." On the 13th of 
September, 1783, Mr. Carroll, of Maryland, offered a proposition 
asserting that "the United States have succeeded to the sovereignty 
over the western territory, and are thereby vested as one undivided 

*0n the 2d of May, 1779, the Delegates from the State of Maryland re- 
ceived instructions that were entered upon the journals of Congress, claiming 
that "the unsettled country if wrested from the common enemy by the blood 
and treasure of the Thirteen States should be considered as common property, 
subject to be parceled out by Congress into free, convenient and independent 
governments in such manner and at such times as the wisdom of that As- 
sembly shall direct." 



23 

and independent Nation, with all and every power and right exer- 
cised by the King of Great Britain over said Territory." This 
sounds like a declaration of Nationality, 

On the 5th of April, 1784, a grand committee of one from each 
State report, " that Congress still consider vacant territory a capi- 
tal resource, and this too is the time when our Confederacy, with 
all the territory included within its limits, should assume its ulti- 
mate and permanent form." When the resolutions of April 23d, 
1783, were under consideration, Mr. Read, of South Carolina, 
offered a proposition that the settlers should be governed by Mag- 
istrates appointed by Congress and under laws and regulations as 
" Congi-ess shall direct^'' 

None of the above propositions were adopted by Congress. 
They only show that there was a sentitneni of nationality^ and 
that it gathered around the Northwest Territory. 

It was a plant of slow growth. The Land Ordinance of May 
20th, 1788, distinctly recognized a separate ownership of each 
State in the western lands, and provided that most of the deeds to 
purchasers should be made by Loan Officers of the several States, 
and the purchase money paid to them. The resolutions of April 
23d, 1784, contained a very feeble assertion of the absolute right 
of the United States to govern the inhabitants of the territory; 
but the Ohio Company went directly to the United States in Con- 
gress assembled, made their purchase of land from the Board of 
the Treasury, and on final settlement took their deed from George 
Washington, President. This was the first complete assertion of 
sovereignty by the United vStates over the " vacant territory " as 
^property. The same is true as regards the Governmental Ordi- 
nance. The reasons for this must be found in the peculiar wants, 
views, and policy of the Ohio Company in dealing with Congress. 
They could not carry out their plan by buying in the 7 Ranges, 
because in that case they must deal with thirteen different owners 
and accept alternate townships or sections of land. They wanted 
a tract about equal in amount to all the 7 Ranges, and they wanted 
it in a compact form. 

Then again their views of Governmental principles were not 
satisfied with anything short of a supreme authority so lodged and 
regulated as to command obedience to latv. They wanted order 
as well as lavj. At that time the authority of the Confederacy sat 



24 

very lightly upon the pioneer settlers who had pushed their for- 
tunes into the great west. 

Washington said to Governor Harrison of Virginia: "The 
West stands, as it were, on a pivot — the touch of a feather may 
turn it any way." The views of the Ohio Company were very 
positive on this subject. Dr. Cutler makes this entry in his journal 
during his negotiations with Congress: "The uneasiness of the 
Kentucky people with respect to the Mississippi was notorious. 
A revolt of that country from the Union if a war with Spain took 
place was imiversally acknowledged to be highly probable; and 
most certainly a systematic settlement in that country, conducted 
by men strongly attached to the Federal Government and com- 
posed of young, robust, hardy and active laborers who had no 
idea of any other than the Federal Government, I conceived to be 
an object worthy of some attention." General Putnam subse- 
quently discussed very fully with Fisher Ames the question: "Can 
we retain the West in the Union?" and asks only protection to 
ensure its loyalty. The Associates had no idea of any other than 
the Federal Government, but they wanted that Government to as- 
sert its sovereign rights in an Organic La-w that would protect 
them from any wild scheme of disunion that inight be sprung up- 
on them. 

There is abundant evidence that the location^ at the rigfht time 
and at the ti'ue strategic point of such a body Utrue and loyal mfn, 
with whom Washington's wishes and policies were law, had much 
to do in controlling and defeating incipient steps toward disunion, 
in turning the "pivot" in the right direction. With these views on 
the part of the associates it was essential to them that the Organic 
Law should assert those rights and powers that are national in 
their character. The company, through their agent, pledged a 
full support to governmental authority in advance. The result 
shows that both as regards land as property and territory as the 
subject of supreme governmental authority, there was in connec- 
tion with this transaction as full an assertion of nationality as cir- 
cumstances would permit. All this was really outside of any dis- 
tinct authority conferred upon Congress by the articles of Con- 
federation. 

In that transition period from a jealous adherence to State Rights 
to a full acceptance of national sovereignty, this was an important 



25 

step taken in advance of the fully matured assertion of the same 
principle in the Constitution. The influence of this advanced 
step in deciding the formation and adoption by the States of the 
Nation's Organic Lav\^ cannot be traced with accuracy, but the 
men w^ho secured from Congress this assertion of power outside 
of the articles of the Confederation were all ardent friends of the 
Constitution — then in process of formation — and it is not unrea- 
sonable to suppose that the land sale with the Governmental Ordi- 
nance had an influence In the right direction. Eight States were 
committed to the principle of nationality, and a large and influen- 
tial body of citizens were thus pledged to its support.* 

Another feature of the Ordinance is worthy of notice as con- 
nected with Dr. Cutler's negotiation for a large purchase of land. 

The Ohio Company had no charter, although it was the inten- 
tion of its originators to procure an act of incorporation from one 
of the States or from Congress. The land purchase was there- 
fore a ■p7'ivate contract. The following provision in the Ordir 
nance may be regarded as a full equivalent for a public charter: 
" That no law ought ever to be made or have force in said Terri- 
tory that shall in any manner whatever interfere with or affect 
private contracts or engagements bona fide and without fi'aud pre- 
viously formed." 

That Dr. Cutler regarded his land purchase as a private contract 
is very evident from an entry in his Journal, Oct. 26, 1787' when 



*The following is an extract from a letter written by Richard Henry Lee to 
General Washington dated July 15th, 1787, two days after the passage of the 
Ordinance. He says: "I have "the honor to enclose to you an ordinance that 
" we have jnst passed in Congress, for establishing a temporary government 
" beyond the Ohio, as a measure preparatory to the sale of lands. It seems 
" necessary, for the security of property among uninformed and perhaps licen- 
" tious people, as the greater part of them who go there are, that a strong- 
" toned government should exist, and the right of property be clearly defined." 
Mr. R. H. Lee was Dr. Cutler's friend, who promised an "hour's speech" to 
aid him. It is quite evident that a "strong-toned government" for the west 
was fresh in his mind two days after the passage of the Ordinance. He as- 
signs the "uninformed and perhaps licentious" character of the people as a 
reason for such a government— referring to settlers already there — not to Dr. 
Cutler's proposed band of emigrants. Dr. Cutler refers in his journal to the 
same uneasy condition of Western affairs and proposes as a remedy a colony 
of men of a different character and who were strongly attached to the Federal 
Government. This coincidence of views between Mr. Lee, who undoubtedly 
represented the prevailing view in Congress, and the agent of the Ohio Com- 
pany shows clearly enough that a " strong-toned government " grew out of 
this systematic plan of settlement. 



26 

he paid ovei* $500,000 to the Board of Treasury. He says it was 
" the greatest private contract ever made in America." 

Mr. R. H. Lee refers to the Ordinance, " as a measure prepara- 
tory to the sale of lands. It seemed necessary for the security of 
property * * that a strong-toned government should exist 
and the rights of property be clearly defined." 

The strong presumption is that this valuable provision as well 
as others relating to " rights of property " were suggested by Dr. 
Cutler as a protection to his property in the absence of a charter.. 

I have thus hastily passed over the ground from which sprung 
the elements of the first settlement of Ohio and the Northwest, 
and have assigned reasons why some of the distinctive features of 
the Ordinances of '87 were inserted. I have done this solely in 
the interests of the truth of history — not to advance claims un- 
supported by facts — -but to award to every actor in the important 
labors of that primitive period their full and just credit for work 
so well done. 

It may be claimed that the true thread of history may be traced 
in the course of that " Providence that guides our ways," and our 
nation'' s ivays^ "rough hew them as we may," beginning with the 
early knowledge of the Ohio Valley obtained by the man who, as 
Commander-in-Chief, was detached from his native associations, 
thrown early in the Revolutionary struggle with New England 
men, imparting to them his own observations, then pointing out 
to them a " competence " in the western " wilderness," as an al- 
ternative to the humiliations of poverty, that he undertook on be- 
half of his native State a broad and comprehensive scheme of 
internal improvements, resting upon Virginia seaports as one 
tenninus, and covering the Ohio Valley, the Lakes and the North- 
west, combining the highest motives of patriotism with a most in- 
telligent appreciation of commercial results. That there was in 
all this a perfect harmony of interests, a coincidence of views, a 
co-operation of effort as between Virginia statesmen and the Ohio 
Company that readily accounts for the unanimity of consent in ac- 
cepting freedom and discarding slavery. It is also evident that 
the religious, moral and educational forces that for a previous cen- 
tury had been growing strong, resolute and well prepared for 
activity and most important service in New England, were skill- 
fullv and successfully transferred to this Western Empire by that 



27 

organized and systematic method of settlement which marked its 
beginnings on the banks of the Muskingum on the 7th of April, 
1788. Massachusetts and Virginia joined holy wedlock and Ohio 
was their first born. The ordinance was the child's cradle. All 
this looks like a chapter in the '•'•Romance of History P 

It will thus be seen that Ohio was a star of Hope among the 
gloomy camp fires of Valley Forge, that the '•'•neiv State westward 
of the Ohio " was a broad streak of sunshine in that dark hour of 
povert}^, discontent and dissolution at the close of the great strug- 
gle, that an intelligent and systematic plan of planting a new State 
in perfect harmony with the policy of Congress was wisely and 
well matured, that cordial approval of its organic principles re- 
sulted fi'om full equivalents to those who held the power to make 
decisions, that in all this there was a kindly co-operation growing 
out of personal associations, that a good degree of harmony as be- 
tween the North and South then existed, resulting in concessions 
for the common good, that patriotism was the rule, and local jeal- 
ousy the exception; that organic foundations were laid broad 
enough and strong enough to bear up the fabric of au Empire. 

vStanding here, as we do, upon a century's summit, looking back 
with reverent gratitude upon the work of its founders, we may 
gather in as historical results, that the 12,000,000 of people com- 
posing the five great Commonwealths now quietly dwelling upon 
what then was the wild surface of that old " vacant territory," 
may claim for themselves and their pioneer fathers, that in all the 
slow and tedious processes of building u^^ in cherishing organic 
ideas and giving them vitality, in supporting their Nation and 
moulding its character, in defending its life in time of extremest 
dangers^ they have borne their full share of patriotic service, and 
may now pass that nation over, with a clean record to posterity, 
sending its ideas and principles onward in their mighty mission of 
dominion from sea to sea, and from yonder beautiful river (Ohio) 
to the ends of the earth. 



APPENDIX I. 



Origin of the Ohio Company. 

The original contract made by tlie Ohio Company with Con- 
gress was for 1,500,000 acres, for which they paid down as closing 
the contract $500,000. For various reasons they found it impossi- 
ble to make up the remaining moiety of the same amount. The 
agents thereupon authorized Dr. Cutler and General Putnam to 
wait upon Congress in 1792, and effect such a settlement as would 
give the shareholders a good title to as much land at least as had 
been paid for. A petitition signed by Rufus Putnam, Manassah 
Cutler, and Robert Oliver, Directors, was presented to Congress 
March 2d, 1792, asking for a reduction in the price of these lands 
on the ground that the vSecretary of the Treasury had recom- 
mended a general reduction in the price of all lands to twenty 
cents per acre, and a bill had already passed the House of Repre- 
sentatives, fixing the price at 25 cents per acre. In this petition to 
Congress the directors say, " that in the year 1783, a certain num- 
ber of the officers of the late army — consulting the interest of the 
United States as well as their own —prepared a petition to Con- 
gress, praying that their bounty lands and also the bounty lands of 
other officers and soldiers who chose to take their lands in that 
quarter, might be located between the Ohio river and Lake Erie; 
and that they might be permitted to purchase additional quantities 
with the certificates they had received for their services." 

This petition of the directors was referred to a committee in the 
House consisting of Sedgwick, Findley, Learned, Benson, and 
Baldwin. This committee reported a bill giving the Ohio Com- 
pany as a settlement for the $500,000 already paid 750,000 acres 
— 214,285 acres — also a tract of 100,000 acres for actual settlers; 



29 

besides setting apart section i6 for schools, section 39 for religious 
purposes, and two townships for a University. 

This committee also reported a section in the bill giving the 
Ohio Company six years in which to pay for 750,000 acres more 
lands at 25 cents per acre, but this section was stricken out in the 
Senate. The donation tract was passed in the vSenate by a tie 
vote, II to II, the Vice President, John Adams, casting his vote 
in its favor. 

In their report to the House the above named Committee say: 
" That the said Ohio Company laid its foundation in an applica- 
tion to the United States in Congress assembled by the officers of 
the late army, a copy of which marked number 1 is herewith pre- 
sented to the House." We are thus enabled to trace to a true his- 
toric basis the beginnings of that organized and systematic plan 
of settlement which was consummated at Marietta, April 7th, 1788. 
This document number 1, referred to as the " foundation " of the 
"Ohio Company," is in the following words: 

" To his Excellency the Presiaent^ and Honorable Delegates of 
'•'• the United States of America in Congress assembled: 

"The Petition of the subscribers, Officers in the Continental Line of the Army 
'•'■Humbly Showeth 

" That by a Resolution of the honorable Congress passed September 20th, 
" 1776, and other subsequent resolves, the officers (and soldiers engaged for 
" the war) of the American Army, who shall continue in service till the estab- 
" lishment of peace or in case of their dying in service, their heirs are entitled 
" to receive certain grants of lands according to their several grades to be 
" procured for them at the expense of the United States. 

" That your petitioners are informed that the tract of country bounded north 
" on Lake Erie, east on Pennsylvania, southeast and south on the river Ohio, 
" west on a line beginning at that part of the Ohio which lies twenty-four 
[' miles west of the mouth of the river Scioto, thence running north on a me- 
" redian line till it intersects the river Miami which falls into Lake Erie, 
" thence down the middle of that river to the lake, is a tract of country not 
" claimed as the property of, or within the jurisdiction of any particular State 
" in the Union. That this country is of sufficient extent, the land of such 
" quality, and situation such as may induce Congress to assign and mark it out 
" as a tract of territory suitable to form a distinct government (or colony of 
" the United States) in time to be admitted one of the confederated States of 
" America. 

" Wherefore your petitioners pray, that, whenever the honorable Congress 
" shall be pleased to procure the aforesaid lands of the natives, they will make 
" provision for the location and survey of the lands to which we are entitled 



30 



" within the aforesaid district ; and also for all oflBcers and soldiers who"vvish 
" to take up their lands in that quarter. 

" That provision also be made for further grants of lands to such of the 
"Armj' as may wish to become adventurers in the new government, in such 
" quantities and on such conditions of settlement and purchases for public se- 
" curities, as Congress shall judge most for the interest of the intended gov- 
" ernment, and rendering it of lasting consequence to the American Empire. 

"And your petitioners, as in duty bound shall ever pray. 
"(Signed) By two hundred and eighty-eight officers of the 

"June 16, 1783. Continental line of the Army." 

The following is a list of 282 of the names that were signed to 
the above petition, as preserved and found among Gen'l Rufus 
Putnam's papers and in his hand writing: 

NAME. 

John Greaton, 
Elias Dayton, 
R. Putnam, 
H. Jackson, 
David Cobb, 
Samuel Mellish, 
Benj. Tupper, 
Wm. Hull, 
Moses Ashley, 
Jephtheh Daniels, 
Eban Smith, 
Benj. Haywood, 
Samuel Frost, 
John Holden, 
John Miller, 
Jos. Balcom, 
Jedr. Rawson, 
Ebenr Ballantine, 
A. Morrill, 
Peter Claye, 
Ephriam Emery, 
Josiah Smith, 
A. Tupper, 
J. Wales, 
Andrew Sarnet, 
Elisha Foster, 
Asa Guaree ( ?), 
Elisha Horton, 
Jeremiah Lord, 
Samuel Lilley Sewall, 
Nathan Goodale, 



RANK. 


STATE. 


Brig. Genl. 


Mass. 


11 


Jersey. 


(.(. 


Mass. 


Col. 


u 


Lt. Col. 


u 


Lt. 


ii 


Col. 


(.{, 


Lt. Col. 


a 


Major, 


(( 


Capt. 


(; 



Lt. 



Ensign, 


(C 


Sen Mate, 


(( 


Major, 


N. Hamp, 


Capt. 


Mass. 


Lt. 


(,(. 



Ensign, 



Capt. 



31 



NAME. 

James B. Finley, 
Ralph Bowells, 
Benj. Pierce, 
Joseph WIlHams, 
Samuel Whitlock (?), 
Tertius Taylor, 
John K. Smith, 
Jesse Hollister, 
John Mills, 
John Stark, 
Wm. Scott, 
Benj. Tallmage, 
Elijah Wadsworth, 
Simeon Jackson, 
Aaron Ogden, 



RANK. 


STATE. 


Surgeon, 
Lt. 


(( 

(( 


C( 


u 


Capt. 
Surgeon. 
Lt. 
Capt. 

u 


u 
u 


u 




Brig. Gen'l, 
Major, 


Hampshire, 


(( 


Conn't. 



Capt. 



Samuel Reding, 


Major, 


Jonathan Holmes, 


Capt. 


Cyrus D. Hart, 


u 


Edmund D. Thomas, 


Lt. 


Abraham Appleton, 


(( 


L Dalsey, 


Lt. Adgt. 


John Peck, 


Lt. 


Wm. Smith, 


Ens. 


Samuel M. Shute, 


Lt. 


Wm. M. Shute, 


Ens. 


Jas. Brush, 


Lt. 


Samuel Hendry, 


Capt. 


Benj. Ogden, 


Lt. 


Moses Sproule, 


Ensign, 


Geo. Reed, 


Lt. 


Jonas Lure, 


Ens. 


Wesel T. Stout, 


Lt. 


John Bishop, 


Ens. 


Wm. Tuttle, 


Ens. 


George Walker, 


Lt. 


Wm. Kersey, 


« 


John Newcastle 


(( 


Ebenezer Elmer, 


Surgeon, 


Alexander Mitchell, 


Capt. 


John Blair, 


Lt. & Pay M 


Wm. Helvis (?) 


Capt. 


Samuel Conn, 


Lt. 


Abner Brooks, 


Ens. 


John Holmes, 


Capt. 


Wm. Pitt, 


Capt. 



Jersey. 



32 



NAME. 


RANK. 


STATE. 


Absolm Bonham, 


Lt. 


(( 


Jacob Hyer, 


Ens. 


(( 


Eph. Whitlock, 


Lt. Adgt. 


u 


Pritchard Cox, 


Major, 


u 


Thos. Lunsdale, 


u 


Maryla 


Walker Messe, 


Capt. 


(( 


Horatio Clogett, 


(( 


(( 


E. Spurrier, 


(( 


it 


Thos. Rowell, 


Lt. 


u 


Wm. Bruce, 


Capt. 


ii, 


John Jones, 


Lt. 


it 


Henry D. Chapman, 


Ens. 


u 


Robt. Halkerston, 


Lt. 


(( 


Ezekiel Haynie, 


Surgeon, 


(( 


Wm. Watts, 


S. Mate, 


u 


Walter Dyer, 


Lt. 


u 


Jno. Hartshorn, 


(( 


u 


Ivory Holland, 


u 


Mass. 


Joseph Smith, 


(( 


(( 


Peletiah Everett, 


(( 


u 


Sylvanus Smith, 


Capt. 


(( 


Park Holland, 


Lt. 


(C 


Samuel Finley, 


Surgeon, 


(( 


J. Farw^ell, 


Capt. 


Hamp. 


Archibald Stark, 


Lt. 


(( 


Joseph Mills, 


(( 


u 


Caleb Stark, 


Lt. Aid-Camp, 


u 


Ebenr Stockton, 


Surgeon, 


(( 


Jonathan Perkins, 


Lt. 


C( 


Perry Ellis, 


Capt. 


(( 


Josiah Monroe, 


(( 


ti, 


J. Boyton, 


Lt. & Adjt. 


u 


Nathan Meaze, 


Lt. 


u 


Ov\^en Bacon, 


(( 


ii 


Bazaleel Horse, 


(( 


ii 


Robt. B. Wilkins, 


a 


u 


J.Cilley,^ 


u 


li 


Daniel Livermore, 


Capt. 


il 


David Allen, 


S. Mate, 


a 


Roady Dustin, 


Capt. 


a 


Jere Frogg, 


(( 


u 


David Gregory, 


(( 


u 


N. M. Seth(?), 


(( 


u 


John Demot, 


(( 


a 


Samuel Cherry, 


(( 


a 



33 



NAME. 


RANK. 


Lemuel B. Mason, 


Lt. 


Joshua Merrow (?), 


(( 


Caleb Roberson, 


Major, 


James Carr, 


C( 


Joseph Poole, 


Capt. 


Israel Euen, 


Chaplain, 


Henry Adams, 


Surveyor, 


Ezra Newhall, 


Lt. Col. 


N. Price, 


Major, 


John Blanchard, 


Capt. 


Simeon Larned, 


(( 


Wm. More, 


M 


D. Holbrook, 


(1 


Joel Pratt, 


Lt. 


John Davis, 


(( 


Olion Price, 


(( 


Robt. Williams, 


(( 


Africa Hamlin, 


(( 


Wm. Shephard, 


Ens. 


R. S. Howe, 


(( 


Moses Knap, 


Major, 


Joshua Benson, 


Capt. 


Samuel Chapin, 


Lt. 


George Reed, 


Lt. Col. 


B. Portor, 


Major, 


T. Towne ( ?) 


Capt. 


Rufus Lincoln, 


(C 


W. Miller, 


(( 


Z. King, 


(( 


Sam. Bradford, 


Lt. 


Luke Day, 


Capt. 


Wm. M. Kindry, 


Lt. 


James Savage, 


Ens. 


Geo. Blab, 


Lieut. 


Isaac G. Graham, 


S. Mate, 


Azariah Egelston, 


Lt. 


Ephraim Hunt, 


Lt. 


John Williams, 


Capt. 


Fredrick Freeze, 


Lt. 


Nath'l Gushing, 


Capt. 


Eben Brown, 


Lt. 


Benj. Wells, 


Lt. 


C. Marshall, 


Lt. 


Ben. M. Morgan, 


Lt. 


Samuel Lunt, 


Capt. 



STATE. 



Hamp. 



Mass. 



Hamp. 

Mass. 



34 



NAME. 


RANK. 


Joseph Fisk 


Surgeon 


Adl. Warren 


Lieut. 


Benj. Jones Porter 


Sur. Mate 


Daniel Shute 


Surgeon 


Elijan Norse ( ?) 


Lt. Col. 


Lem. Trescott, 


Major 


Abraham Williams 


Capt. 


Wm. Torrey 


Lt. 


Hezekiah Ripley 


Lt. 


Wm. Taylor 


Lt. 


Silas Morton 


Lt. 


Samuel Myrrick 


Lt. 


Jacob Leonard 


Ens. 


M. G. Houdin 


Capt. 


Joseph Kullen 


Capt. 


Wm. Eysendear (?) 


Lt. 


Marlbury Turner 


Lt. 


Nathan Leavensworth 


Lt. 


John Hart 


Surgeon 


Joshua Danforth 


Lt. 


John Warrin 


Lt. 


Alexander Oliver 


Ens. 


Jonathan W. Grey 


Ens. 


John Burnham 


Major 


Benj. Gilbert 


Lt. 


Moses Carlton 


Lt. 


Zebulon Hooker 


Lt. 


Daniel McCoy 


Ens. 


Jonathan Felt 


Capt. 


John Yeoman 


Lt. 


Joseph Freye 


Capt. 


Asa Senter 


Capt. 


John Paterson 


Brig. Genl 


I. Brooks 


Lt. Col. 


Caleb Clap 


Capt. 


Levi Holden 


Capt. 


J. Huntington 


Brig. Genl. 


Hernan Swift 


Col. 


Jas. W. Wright 


Major 


Eleazer Gray 


Lt. Col. 


Leml. CHft 


Capt. 


Nathan Beers 


Lt. 


Ebenr. Frothingham 


Lt. 


John Rose 


Surgeon 


Joseph Clark 


Ens. 



STATE. 



Mass. 



Hamp. 

u 

Mass. 
(( 

a 

Conn't. 



35 



1> .tv IVl £, . 

Aeneas Munson 


S. Mate 


Aaron Kaslor 


Ens. 


John Hobart 


Lt. 


Wm, Lnin 


Lt. 


Stephen Betts 
Roger Willis 
Abner Cole 


Capt. 
Capt. 
Ens. 


Daniel Bradley 


Lt. 


Jacques Harrnan 


Ens. 


Ezra Serbis (?) 
Samuel Hait 


Capt. 
Lt. 


Richard Douglass 
Joshua Whiting 
John Trowbridge 
George Cotton 


Capt. 

Lt. 

Lt. 

Ens. 


Hezekiah Hubbard 


Lt. 


Joshua Knap 
Eben Wales 


Ens. 
Lt. 


Reuben Sanderson 


Lt. 


Silas Goodale 


Lt. 


0. Goodrich 


Ens. 


Wm. Wiggins 
John Noyes 
Pownall Derring 


Lt. 

Surgeon 

Lt. 


Wm. Wamsley 
John M. Buell 
Wm. Judd 
Charles Miller 


Ens. 
Capt. 
Capt. 
Lt. 


Lebens Loomis 


(( 


Charles Fanning 


u 


Samuel B. Webb 


Col. 


Dan'l McLane 


Lt. Col. 


H. Knox 
John Cram 
Wm. Perkins 


Maj. Gen'l 

Col. 

Major 


John Seiwell 
Thos. Knowles 


Capt. 


Florence Crowley 


Lt. 


Nathaniel Donnell 


Capt. 


James Hall 


(( 


Thos. Norse 


(( 


Abigah Hammond 


Lt. 


Wm. More 


(( 


John Callender 
Sam'l Cooper 


Capt. 
Lt. 



STATE. 



Conn't. 



Mass. 



36 



NAME. 


RANK. 


STATE. 


John Doughty 
Eben Huntington 


Capt. 
Lt. Col. 


N. York, 
Conn't. 


Nath. Holbrook 


Lt. 


Mass. 


Reuben Lilly 


u 


i; 


Eben Sproat 
Jacob Town 
Cornelius Lyman 


Lt. Col. 

Lt. 

Ens. 


u 


R. Bradford 
Jonathan Ames 
John Hurd 
Robt. Oliver 


Capt. 
Lt. 
Ens. 
Major 




Robt. Walker 
J. Kill 


Capt. 
Lt. 




N. Thatcher 


u 


u 


Jno. Whiting 
Hugh Maxwell 


Lt. Col. 




Silas Pierce 


Capt. 


a 


Thos. Foster 


Lt. 


u 


Edward White 


(( 


u 


Joseph Crook 
Joseph Leland 
Wm. Hildreth 






Francis Felt 


(( 


(( 


James Bancroft 


(( 


u 


J. Baldwin 


Col. 


i( 


Edward Phelan 


Lt. 


(( 



Of the above names 156 are from Massachupetts. 
34 are from N. Hampshire. 
44 are from Connecticut. 



232 New England States. 

36 are from N, Jersey. 

13 are from Maryland. 

1 is from New York. 



282 



APPENDIX II. 



Character of Marietta Pioneers. — In Memoriam. 

The following estimate of the character of the men to whom 
their Commander-in-Chief "pointed out a path to a competence 
in this wilderness," is worthy of record and preservation. 

In a letter to Richard Henderson, dated June 19, 1788, Wash- 
ington says: "No colony in America was ever settled under such 
" favorable auspices as that which has just commenced at Mus- 
" kingum. Information, property and strength will be its charac- 
" terlstics. I know many of the settlers personally and there never 
" were[men better calculated to promote the welfare of such a 
" community." In a letter to La Fayette, dated Feb. 7, 1788, he 
says: "A spirit of emigration to the western country Is very pre- 
" dominant. Congress have sold In the year past a pretty large 
" quantity of land on the Ohio for public securities, and thereby 
" diminished the domestic debt considerably. Many of your mll- 
" itary acquaintances, such as Gen'ls Parsons, Varnum, and Put- 
"nam; Cols. Tupper, Sproat, and Sherman, with many more, 
" propose settling there. From such beginnings much may be 
" expected." 

When La Fayette visited Marietta In the year 1825, he Inquired 
with intense interest, " Who were the first adventurers to settle 
Ohio? " On heai-ing their names he exclaimed, with much emo- 
tion, "I knew them well ! I saw them fighting the battles of then- 
country at Rhode Island, Brandywine, Yorktown, and on many 
other fields — they were the bravest of the brave — better men never 
lived." 

Judge Burnett, in his Notes on the North Western Territory, 
uses the following language in^regard to "the individuals compos- 



38 

ing the Marietta colony": " After having spent the most valuable 
" period of their lives in the army, enduring every species of ex- 
" posure, fatigue and suffering ; they were dismissed to their 
" homes, if they were so fortunate as to have any, vs^ith nothing 
" but empty promises, which have never been realized ; and most 
" of them with broken or impaired constitutions. The certificates 
" they received as evidence of the sums due them from the coun- 
" try were almost valueless. They were bought and sold in the 
" market at two shillings and six pence for twenty shillings; and 
" as late as 17S8, they were only worth five shillings in the pound. 
" They were honorable, high minded men, whose feelings rebelled 
" at the thought of living ^in poverty among people of compar- 
" ative wealth, for the protection of which, their own poverty had 
" been incurred. Under the influence of that noble feeling hund- 
" reds of those brave men left their friends, and sought retirement 
" on the frontiers, where no invidious comparisons could be drawn 
" between wealth and poverty ; and where they became involved 
" in the hazardous conflicts of another war." 

Judge Burnet also states, that, " Three-fourths of the persons 
who formed the Miami Company, and advanced the first instal- 
ment of the purchase money ; had served in the Revolutionary war." 

The following is a partial list of the officers of the Revolution- 
ary Army who were among the early settlers of Ohio, at Marietta: 
Major Generals — Arthur St. Clair and Samuel Holden Parsons. 
Brigadier Generals— Rufus Putnam, James M. Varnum, and 
Benjamin Tupper. Colonels — Ebenezer Sproat, R. J. Meigs, 
Robert Oliver, Winthrop Sargent, William Stacy, Joseph Thomp- 
son, Israel Putnam, Archibald Crary, Silas Bent, Enoch Shepherd, 
Alexander Oliver, and Ebenezer Battelle. Majors — Nathan 
Goodale, Nathaniel Cushing, Haffield White, Asa Coburn, Ezra 
Putnam, Anselm Tupper, Dean Tyler, Cogswell Olney, Jonathan 
Heart, Earl Sproat, Abraham Williams, John Burnham, and I. 
Doughty. Captains — Zebulon King, William Dana, Jonathan 
Stone, Jonathan Cass, Josiah Munroe, Jonathan Devol, William 
Mills, Robert Bradford, Oliver Rice, Joseph Rodgers, Benjamin 
Brown, Charles Knowles, Jonathan Haskell, George Ingersol, 
Elijah Gates, Peter Philips, Ezekiel Cooper, Daniel Davis, Jethro 
Putnam, William James, Joseph Buck, John Leavins, Wm. Burn- 
ham, Benjamin Miles. Lieutenants — George Ewing, Joseph 



39 

Lincoln, Ebenezer Frothingham,Thomas Stanley, Neale McGaffy, 
William Gray, and Benjamin Converse. Commodore Abraham 
Whipple. This list embraces 63 names, to which may be added 
many others of lower grade in the army than Lieutenant. 

In the fall of 1790, Col. Sproat received orders from the War 
Department, to enlist a body of militia to protect the frontier. 
They were, however, dischai'ged from service by order of Gov. 
St. Clair the next July. Col. Sproat repaired to the War Depart- 
ment, with his muster roll, to settle his accounts with the govern- 
ment. Dr. McHenry, of Maryland, was at that time Secretary of 
War. When the roll of names was presented, the Secretary 
looked it over, and exclaimed to Col. Sproat, " Why, sir, there 
must be something wrong about this roll, for every name is 
signed in full, not a man has made his mark." "Ho! Doctor," 
said Sproat, (who liked a joke), "they are all Yankees, — there's 
not a Marylander among them." 

Of the 287 able bodied men, then in Marietta and the other 
settlements, 246 were enrolled on that list. 



^ppe:n'dix III. 



Services of the Ohio Company in Defending the United 
States Frontier from Invasion. 

When General Putnam undertook the superintending of the 
Ohio Company and landed with his organized force of pioneers 
at Marietta on April yth, 1788, he assumed a more important and 
difficult task than that of opening a wilderness for cultivation and 
providing houses and homes for settlers. 

On his way out from Massachusetts he stopped over in New 
York and made himself thoroughly acquainted with the real situ- 
ation of Indian affairs in the Northwest Territory. He became 
satisfied that former treaties were not cordially accepted by the 
Indians as a finalty, and that he was facing a war the moment he 
set foot on the soil Northwest of the River Ohio. He at once 
undertook a system of defences at the cost of his Company. He 
did not trust alone or mainly to the United States troops then 
stationed at Fort Harmar. It was the duty of the Government to 
provide for the protection of their own citizens who had ventured 
out to improve the public Domain. But Putnam was fully aware 
of the poverty and inefficiency of his Government to afford the 
protection which his followers had a right to demand. He vir- 
tually assumed to take the place of the United States in this mat- 
ter of defensive war against their enemies^ and to do it at the cost 
of his company. 

Notwithstanding this wise foresight on his part he indulged a 
hope of protection based upon the fact that Fort Harmar had al- 
ready been established at the mouth of the Muskingum. 

He writes to Dr. Cutler, dated Adelphi, May i6th, 1788, about 
a month after his arrival, " Should there be an Indian war this 



41 

" will be a place of general rendezvous for an army, so that in all 
" human probability the settlement can never fail of the protection 
" of government." 

But he was doomed to disappointment in this expectation. 

St. Clair's Treaty of '89 modified the situation somewhat, but 
in '91 the storm of war broke out. Government instead of send- 
ing aid to the Marietta settlei's, removed the slender protection 
afforded by the United States troops in Fort Harmar, transferred 
them to Fort Washington so as to protect the more populous dis- 
tricts of Kentucky, and to operate to better advantage against the 
great body of the Indians. Putnam placed his settlements under 
Martial Law, ordered all to rendezvous at Waterford. Marietta or 
Belpre, and undertook the defences of those three Forts. 

In the fall of 1790, government granted an enlistment of militia 
who were placed under Col. Sproat, but the following order issued 
by Gov. St. Clair deprived the Ohio Company settlers of any 

governmental protection : 

" Fort Washington, July 6tli, 1791. 
'• The act calling the militia for the defence of the Frontier has been found 
" to be a very unavailiug measure and at the same attended with a very heavy 
" expense. You will therefore discharge all the parties that have been called 
" out for the defense of Washington County, (except at Gallipolis for which I 
" have already given orders), upon the 20th inst. But there is nothing in this 
" order to be construed to prevent you from continuing either the parties now 
" embodied or such others as you may think necessary, provided the expense 
" is borne by the people themselves ; but the United States will not defray 
" any that may be incurred after that day." 

This threw the entire expense of the war in this section of the 
Northwest upon the Ohio Company. 

In their Petition to Congress, March 2d, 1792, the Directors 
represent the great hardship thus imposed upon them by being 
compelled virtually to assume the responsibilities and charges of 
the United States in this crisis. They say : " The great expense 
" of the Company has amounted already to more than thirty-three 
'■''thousand dollars in specie besides 100 acres of land to each 
" share." They atti-ibute this expense largely to " The hazard 
" and extraordinary services of the settlers in securing their own 
" protection. 

" The settlers found themselves in a more hazardous situation 
" than they expected. The small number of troops assigned to 
" Western Territory being inadequate to that protection of the 



42 

" frontier -which was necessary to give security, the people found 
" they must erect defenses wherever they sat down — that they 
" mvist work in companies and guards must be continually kept or 
" they could neither labor or sleep in safety." 

The Directors entered into contract to give as a bounty loo 
acres of land to those who would perform military service to '•'•the 
end of the warP Those Pioneer settlers had as much right to 
-protection from their savage enemy as the citizens of New York 
or Philadelphia had from foreign invasion, and they came out de- 
pending upon it. 

General Putnam took this view of the matter, and in a letter to 
President Washington, dated Jan. 8th, 1791, he says: "The Gar- 
" rison at Harmar consisting at this time of little more than 20 
" men can afford no protection to our settlements. It has been a 
" mystery with some why these troops have been withdrawn from 
" this quarter and collected at the Miami. 

" I will only observe fuilher that our situation is truly distress- 
" ing, and I do therefore most earnestly implore the protection of 
" Government for myself and friends inhabiting the wilds of 
" America — to this we consider ourselves entitled." 

Notwithstanding such appeals the burden of this defensive war 
was thrown upon the Ohio Company. The}'^ accepted it and held 
their forts through the war. The following is an exact " state- 
ment of account" as between the Company and the United States, 
copied from an old manuscript in General Putnam's hand-writing, 
and foimd among his papers: 

Abstract of Militia in the Pay of the Ohio Company during the 

Indian War. 

1790 At Marietta for 1 month, wages and parts of Rations! 135 03 

Bellprie for 1 month, wages and Katious 92 00 

Waterf ord for 1 month, wages and Rations 70 00 

$ 297 03 

1791 Marietta for Jan., Feb. and March 696 00 

1791 Marietta for April, May and June 889 03 

1791 Bellorie, Jan., Feb. and March 6 1 3 37 

Bellprie, April and May 683 00 

1791 Waterf ord, Jan. Feb. and March 395 03 

Waterf ord, April, May and June 498 00 

3724 43 

Paid to Spyes, their AVages and Rations 878 71 

Paid to extra Scouts and Guards 183 08 

Paid to Surgeons, their wages and rations 229 71 

Paid for Medicine and nursing sick 30 21 

13>1 7] 



43 

To the amount of rations issued by Commissaries.! 1729 52 
To the amount of provisions furnished by Comp'y . 813 87 

To amount of whiskey purchased 387 21 

To amount of Ammunition purchased 506 68 

3486 78 

EXPENSE OF FORTIFICATIONS ERECTED. 

To the amount of Labour on the several works. . .$ 3888 13 
ToLumberemployed,viz: boards, brick, timber, &c. 382 39 

To Black Smith work, Iron, &c 101 64 

ToSundries,viz: nails, tin, paper, trenching tools,&c 296 68 4668 84 

$13449 59 

TO CHARGES MADE BY THE DIRECTORS. 

1791 Viz: To Rufus Putnam $ 113 00 

1 791 To Robert Oliver at Marietta |351 00 

To Robert Oliver, extra services and ex- 
pense 173 33 

1791 To Robert Oliver at Marietta 90 00 614 33 

1791 To Griffin Greene at Bellprie and Marietta 873 50 

1792 To Griffin Greene at Bellprie and Marietta 118 50 492 00 $ 1219 33 

14668 92 
To goods purchased and applied for the redemp- 
tion of prisoners 40 00 

114708 92 
Journal Page. contra credit. 

230 By the United States towards the pay and rations 

of Militia refunded $ 2549 42 

215 By the amount of 970 rations discounted by Elliot 

& Williams per Governor's order 64 66 

By the amount of provisions, whiskej', ammunition, 
&c., &c., charged to individuals 743 94 $3358 12 

Balance of clear expense $11350 90 

Journal 212. N. B.-Col. Sproat's return of Millitia, Jidy 5th, 1790, is 246 
including officers. 

Dr. Hildreth is authority for saying that the above "clear bal- 
ance" " was never repaid by the United States, although justly 
due them." 

The paltry sum of about $3,000,000 — which would about rep- 
resent that old '•'■balance''' — at 6 per cent per annum, interest pay- 
able annually up to 1888, is not to have weight in any adjustment 
of obligations as between this great Nation and its Founders. The 
lesson of their lives is beyond computation in money value to the 
coming generations upon whom is fast devolving the responsibility 
of preserving that which they founded. 

Marietta is not a mllrhicant in demanding some suitable recog- 
nition of the services, the sacrifices and endurance of the Pioneer 



44 

Fathers. The full cost of a Monumental Structure has been paid 
in advance. The above exhibit is not the only one that might be 
presented. 

But it is not alone or mainly the small band of brave and true 
men who were personally engaged in the first settlement at Mari- 
etta whose memories ought to be cherished and honored. The 
wisdom of great statesmen, the responsible authors of Organic 
Laws, and the valor and endurance of that army composing the 
" Old Continental Line " cluster around events that culminated 
here. This great Nation cannot afford to fling back upon such an 
ancestry the stinging taunt of the Newberg letters: " Go! starve^ 
and be forgotten ! " 



^PPEISTDIX IV^. 



The Society of the Cincinnati. 

This society was composed of officers who had served during 
the Revokitionary War. Its object was to keep aHve the memory 
of the war and to promote a more pei'fect union of the States. 

There was one general society with branch societies in the dif- 
ferent States. Membership was hereditary. The general and 
many of the state societies are still in existence. We give a list of 
members of the Massachusetts State Society, with their record, 
taken from the Society's late publication, who have descendants 
living and who lived themselves in Washington county: 

BuRNHAM, John. — Born, Ipswich, Mass., lo Dec, 1749; died 
Derry, N. H., 8 June, 1843; Lieut, in Little's Reg't, Bunker's 
Hill, Long Island, and Trenton; Captain 1 Jan. 1777, of light 
infantry in Brook's (8th) Reg't at Saratoga, Monmouth and 
Stony Point; served under LaFayette at the capture of the British 
redoubt at Yorktown, and promoted to Major 9 Jan. 1783' ^^ 
1790 he was one of the founders of Marietta, Ohio; he afterwards 
settled in Derry, N. H. 

Goodale, Nathan. — Born, Brookfield, Mass., about 1743; 
killed by Indians near Belpre, O., Mch. 1793. Lieut, in J. Read's 
Reg't, 1775; Ass't Engineer to Col. Rufus Putnam at siege of 
Boston; Captain, i Jan. 1777, in Putnam's (5th) Reg't; present 
at capture of Burgoyne; wounded and made prisoner at Valen- 
tine's Hill, 1778. Captain Goodale performed much arduous and 
valuable service. He removed to Ohio in 1788; settled at Belpre 
in April, 1789; and took the lead in the defence of the settlement 
against the Indians. 



46 

Haskell, Jonathan. — Born, Rochester, Mass., 19 March, 
1755; died, Belpre, Ohio, 11 Jan., 1S17; Ensign and Adjutant in 
Bradford's (14th) Reg't, 31 Jan., 1777; Lieut., 4 Feb., 1779; Aide 
to Gen. Patterson, i7795 Lieutenant and Adjutant in Brook's 
(7th) Reg't 1782-83; appointed Captain 2d U. S. Infantry, 4 
March, 1791; Major, 20 March, 1794; serving in Wayne's suc- 
cessful Indian campaign, Aug., i794j emigrated in 1788 to Ohio, 
and left descendants in Washington county. 

Oliver, Robert. — Born, Boston, 173S; died Marietta, Ohio, 
May, 1810, reinoved to Barre while young; a teacher in 1775; 
Capt. in Doolittle's Reg't 13 June, 1775; at seige of Boston; Ma- 
jor in Great on's (3d) Reg't, ist Nov. I777; Brigade- Major 1780; 
Brevet-Colonel 17S2; distinguished at storming of Hessian en- 
trenchments at Saratoga; Acting Adjutant General of Northern 
Army, and an excellent disciplinarian; one of the founders of 
Marietta, Ohio, in 1788. President of Territorial Council 1800- 
1803, and a Judge of Court of Common Pleas. 

Putnam, Rufus. — Born, Sutton, Mass., 9 April, 1738; died, 
Marietta, O., 4 May, 1824; a mill-right; a private soldier in the 
campaigns 1757-60, in Canada; then settled in New Braintree, 
Mass.; Lieut. Col. in D. Brewer's Reg't, May, I775; employed 
as an engineer in constructing the seige-works around Boston ; 
chief engineer of the defences of New York in 1776; Colonel 
5 August, 1776, and commanded the 5th Reg't until Com. Brig.- 
General 7 Jan. 1783; distinguishing himself at Saratoga; Aide 
to Gen'l Lincoln, in quelling Shay's rebellion; one of the found- 
ers of Marietta, Ohio, in 1788; appointed a Judge of Northwest- 
ern Territory, 1789; re-appointed Brigadier General 4 May, 1792; 
U. S. Surveyer General 1 793-1 803; Member of Ohio Constitu- 
tional Convention, 1803. 

Rice, Oliver. — Born, Sudbury, Mass., 26th July, I752; died 
Belpre, O.; Ensign in Wesson's (9th) Reg't, 1777; Lieut. 5th 
Sept., 1781, in H. Jackson's Reg't.; in the 4th Reg't in I783; re- 
moved from Walpole, N. H., to Marietta, Ohio, about 1788. 

Sproat, Ebenezer. — Born, Middleborough, Mass., 1752; died, 
Marietta, Ohio, Feb'y, 1805; Major in Cotton's Reg't, May, 1775, 
at siege of Boston; in Frances' Reg't in 1776; Lieutenant Colonel 
1 2th Reg't, I Jan. 1777; and 29 Sept., 1778, Lieutenant Colonel 



47 

Commanding in Glover's Brigade at Trenton, Princeton, and 
Monmouth; inspector of Brigade under Steuben; emigrated to 
Ohio in 17S8, and called by the Indians, "the Big Buckeye;" 
Sheriff and Colonel of Militia. 

Stacy, William. — Born, Salem, Mass.; died, Marietta, Ohio, 
1S04; removed to New Salem; led a Company to Cambridge, 
and made Major of Woodbridge's Reg't, May, 1775; in battle of 
Bunker's Hill; Lieut. Colonel of Shepperd's (4th) Reg't, i Jan. 
1777; joined Alden's (12th) Reg't, and 11 Nov., 1778, was cap- 
tured by Indians at Cherry Valley, N. Y., remaining four years a 
prisoner; Colonel of 2d Reg't in 1782; settled in Marietta, Ohio, 
in 1789; and left descendants in Washington County, Ohio. 

TupPER, Anselm. — ^Son of Gen. Benjamin, born, Kingston, 
Mass.; died, Marietta, Ohjo, 25 Dec. 1808; Lieut, in his father's 
( ! ith) Reg't, 26 Sept. 1780. 

TuppER, Benjamim. — Born, Houghton, Mass., 1738; died. 
Marietta, Ohio, June 1792; a soldier in the French War (1756- 
63); Major of Fellow's Reg't, May, 1775; at seige of Boston, 
where he distinguished himself; Lieut-Col. in Ward's Reg't, 4 
Nov., 1775; Col. nth Reg't, 7 July, 1777; 6th Reg't, 1783; pres- 
ent at Saratoga and Monmouth; Brevetted Brigadier-General, 
1783; member of Massachusetts Legislature from Chesterfield, 
and active in suppressing Shay's Insurrection ; settled in Ohio in 
1788; one of the founders of Marietta in 1788, and a Judge. 

Bradford, Robert. — Born at Plymouth, Mass., 1750; died at 
Belpre, Ohio, 1823; descended from Gov. William; Ensign in 
Bailey's (2d) regiment, 1775; Lieutenant, 1776; commissioned 
Captain, 21 June, 1779; served through the war from Bunker's 
Hill to Yorktown; brevetted Major in 1783; settled at Belpre, O., 
in 1789. 

Cooper, Ezekial. — Of Danvers, Ensign in Hutchinson's regi- 
ment at siege of Boston; Lieutenant in Putnam's (5th) regiment, 
1777-82; commissioned Captain in Sproat's (2d) regiment, 7 Jan., 
1783; removed to Ohio in i788; living at Warrentown, O., in i8o7. 
* CusHiNG, Nathaniel. — Born at Pembroke, Mass., 8 April, 
1753; died at Marietta, Ohio, Aug., 1814; Lieutenant in Brewer's 
regiment at siege of Boston; Captain in Vose's (ist) regiment, 
I Jan., i777; afterward in Putnam's (5th) regiment; Brigade Ma- 



48 

jor, I Dec, 1781-83; surprised De Lancey's Loyalists Corps in 
May, i78o; and brevet Major in 1782; emigrated to Ohio in 1788; 
was one of the founders of Belpre in I789. 

King, Zebulon. — Born at Raynham, Mass., 16 Oct., I750; 
Lieutenant in Bradford's (14th) regiment; commissioned Captain, 
4 Oct., 178o; in Brooks' (7th) regiment in 1783; emigrated to 
Ohio after the war, and killed there by the Indians. 

Mills, William. — Of Westminister, commissioned Ensign in 
Bradford's (14th) regiment, 3I Jan., 1777; Captain, 11 May, 1781; 
in Brooks' (7th) regiment in I783; settled in Ohio in I789. 

Sargent, WiNTHROp. — Born at Gloucester, Mass., 1 May 1753; 
died at New Orleans, 3 June, I820; Harvard University, 1771; 
entered the army in 1775; commissioned Captain Lieutenant in 
Knox's artillery 16 March, 1776; Captain in Crane's artillery, 1 
Jan., 1777; present at Trenton and Brandy wine; Aide to Gen. 
Howe and made Brevet Major; appointed Surveyor of North 
Western Territory, 1786; its Secretary, 1787; Governor I798-I80I; 
Adjutant General of St. Clair's army, and wounded on its defeat, 
2 Nov., I79I; Adjutant and Inspector-General in Wayne's cam- 
paign, 1794-95; settled near Natchez, Miss. 

Stone, Jonathan. — Born at New Baintree, Mass., I75I ; died 
in Belpre, Ohio, 25 March, iSol ; Orderly Sergeant in Leonard's 
regiment at siege of Boston; Ensign and Lieutenant in Francis' 
regiment, 1776; Paymaster in Putnam's (5th) regiment, 1 Jan., 
1777; Lieutenant 15th regiment, 1779 ; Captain I779-83; in the 
battles with Burgoyne; went with Gen. R. Putnam as a surveyor 
to Ohio in 1786-87, and settled in I789, near the mouth of the 
Little Kanawha, at Belpre, Ohio. 

White, Haffield. — Born at Danvers; died about 1817, near 
Waterford, Ohio, where he left descendants; Lieutenant in Hutch- 
inson's regiment at siege of Boston; commissioned Captain in 
Putnam's (^th) regiment, 1 Jan.. 1777; served at Lexington, 
Trenton, Hubbardton, and Saratoga; emigrated to Ohio in Dec, 
1787. 

Williams, Abraham. — Of Barnstable, emigrated to Ohio, 
and died about 17^6; Lieutenant in Whitcomb's regiment, 1776; 
commissioned Captain in Sproat's (l2th) regiment, 29 Sept., 1778; 
Brigade Major in I783. 






^•^ 



-^^ 



0^ ,''"'» ^O J> o o - ° -» ^>, ' 







v^^ 






o V 







* • • '^ ^ 



iPr,. -°:- 








O « O . <J> fvV ' I ' '^- 












u o 









A 








^^ 



/ o_ 




^ 


















^.'T^^^^J^ \ 







•^^K^ 

'^^'S 














v^. : % 






--^; ^v^ V 












^- -^^ 



V* **:^'* c> 



^OONO-^V • * • a' 








